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Home > Accident Types > Road Traffic Accidents > Cycle Accident Compensation Claims

 

Cycle Accident Compensation Claims

If you or a member of your family is suffering from a personal injury caused by a cycle accident, our specialist personal injury lawyers may be able to help you claim compensation. Contact us today on 0800 032 8511 for claim advice, or by completing an online compensation claim form.

Pedal Cyclist Road Accidents
Preventing Cycle Accidents
Who Can Claim Compensation?
Making a Cycle Accident Compensation Claim
Compensation
Specialist Cycle Accident Lawyers

Cycle Accident Claims Handled by our Specialist Lawyers

Pedal Cyclist Road Accidents

When involved in a road accident, pedal cyclists are more vulnerable to serious injuries than people using motorised vehicles, as they are not protected by their bicycle and do not have the benefit of seatbelts. A bicycle is much lighter and less substantial than a car, truck or motorcycle, so does not absorb impact well and is liable to be thrown in a collision.

As bicycles are also smaller and less visible than a car, they have an increased risk of not being seen by other road users. This is a particular problem at junctions and roundabouts and in rush hour or very busy traffic.

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Preventing Cycle Accidents

High visibility wear, protective helmets and clothing go some way towards protecting cyclists, as does the recent increase in cycle lanes and tracks, however other road users must take care to be aware of cyclists and drive considerately.  The Directgov website provides a more in-depth guide to cycle safety.

It is important for cyclists themselves to play their part in preventing road accidents. They should always display lights in conditions where visibility is poor, not use pavements and pedestrian crossings and follow the rules of the highway code, which includes obeying traffic lights.

Local authorities also have a duty to maintain public highways to a safe standard, as cycling accidents can also be caused by dangerous defects on the road such as potholes.

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Who Can Claim Compensation?

If a cyclist is injured in a road accident and that accident was caused by the negligence of someone else, they should be entitled to claim damages, otherwise known as compensation.

All road users have a responsibility to exercise care and consideration for other road users whilst driving and to obey the law and highway code. Failure to do so can amount to a breach of the duty of care, known in law as negligence. If someone's negligence causes an accident and another person is injured, the injured person is usually entitled to make a personal injury claim.

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Making a Cycle Accident Compensation Claim

If a road accident involving a cyclist occurs, especially if someone is hurt, the law requires that the police are informed as soon as possible. They will file a report on the incident and this is often very important in any legal proceedings that follow. Anyone injured should receive immediate medical attention.

It is also important to record as much detail as possible, including the other party's details, contact details for any witnesses and even photographs of the vehicle/s if possible.

The next step is to seek legal advice at the earliest opportunity. In every case, medical evidence will be required. It is also necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (were negligent), and that the injury you sustained was a reasonably foreseeable consequence of that negligence.

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Compensation

There are two elements to a compensation award.

The first, called general damages, is for the pain and suffering you may have gone through and any loss of amenity (perhaps an inability to play sports, tend to your garden or go shopping). The award for loss of amenity can be for a short period after an accident or forever if that is what the medical evidence supports.

Whereas the first element of compensation cannot make you better and can only really apologise, the second element of a compensation award, for your losses and expenses,
is known as special damages and aims to put you back in a position financially as if the accident had never occurred. It is important to keep receipts for any expenditure you have related to the accident so that these can be reclaimed.

In serious cases, where a person may no longer be able to continue their employment, this can be taken into account. Costs for care, equipment, transport and housing modifications can also be factored into the calculations. If the person is still able to work but not in the same role as before, particularly if they held a public service role such as a doctor or police officer, an extra amount may be awarded for loss of ‘congenial employment’. A court can also make a financial award to recognise that an injured worker's prospects on the open labour market may be limited.

If a person is fatally injured, a dependent relative such as a widow and children (if the children are aged under 18 and are living at home) may be able to claim a statutory sum for their bereavement and funeral expenses, but also sums for the loss of income, pension, services and the financial contribution to the household in the form of future losses.

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Specialist Cycle Accident Lawyers

The Legal Line lawyers are experts in all areas of personal injury, with extensive experience in recovering compensation for the victims of cycling accidents. They can provide specialist claim advice, assistance and guidance in helping you to pursue your claim to the best possible outcome.

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Cycle Accident Claims Handled by our Specialist Lawyers

Read brief details of some cycle accident claims that our specialist cycling lawyers have dealt with:

  • Serious Hip Injuries after Cycling Accident: When our client was knocked off his bicycle by a hit and run driver, his life was changed forever. As a result of this cycling accident, he suffered serious injuries to his hip which subsequently resulted in two hip replacement operations, plus an extensive course of physiotherapy.

    He was taken to hospital following the road accident and received treatment for his injuries. He was allowed home after two weeks, although he was unable to bear weight on his injured hip for over 3 months. As a result of his cycling injury, he was totally reliant on his wife for every aspect of daily life, including driving. Even when he was allowed to bear some weight, his mobility was still impaired as he continued to use sticks for support so he was unable to carry anything, even a cup of tea.

    Following this road traffic accident, he was unable to return to work for over six months. His mobility was permanently affected by this cycling injury and he had to accept a less physical position with his employer. Not only was this a less satisfying position than the one he had trained for, but of course it also meant a change in his financial position.

    At the time he received his cycling injury, our client was in his late 30’s with young children. In order to try to maintain a similar standard of living for his family he had to work many hours of overtime. Not only did this put physical strain on our client, but he was also unable to spend the quality time he would have liked with the children. This included the immediate cancellation of a family holiday arranged for a short time after the cycle accident.

    He found it difficult to help with the household tasks and gardening, and was unable to carry out any decorating or DIY for many months. Fortunately, he had the support of his work colleagues who helped maintain the garden in the early months of his recovery.

    Although there was a witness to the road traffic accident, the police were unable to trace the driver. Our compensation claim solicitors who specialise in all types of cycle accident claim were able to pursue the claim through the Motor Insurers' Bureau, (MIB). Their remit includes dealing with uninsured and untraced claims so that victims are appropriately recompensed. Although the MIB initially offered a lower sum, our lawyers made a counter offer which resulted in our client receiving £140,000 in cycle accident compensation for his permanent injuries.

  • Whilst cycling along a main road our client was struck from behind by a flat back lorry, whose driver had failed to notice and avoid him, was travelling too fast and made no attempt to brake or steer around him.

    As a result of this cycle accident he suffered a fractured foot, soft tissue damage to his shoulder and bruising to his back and thigh. Our client was unable to attend work for more than 3 months, required hospital treatment and physiotherapy, and had difficulty with household tasks and leisure activities.

    The claimant instructed our specialist personal injury lawyers to assist him in making a road accident claim. They were able to recover damages of £17,250 in respect of his injuries and losses, including lost earnings.

  • Whilst cycling across a roundabout and just about to reach his exit, our client was knocked off his bicycle when a driver pulled onto the roundabout from his left without checking for oncoming traffic. The driver had not noticed our client and was moving too quickly to stop or swerve in time to avoid a collision.

    As a result of this road accident our client suffered a serious fracture to his dominant left wrist and required surgery and physiotherapy treatment to repair the damage. He also experienced financial losses in the form of lost earnings, travel expenses and care costs for the assistance he needed during his recovery.

    The claimant appointed our specialist personal injury lawyers to assist him in claiming compensation and they recovered over £7,500 in damages on his behalf.

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